As used in this chapter, the following terms shall have the
meanings indicated:
NUISANCE
Any use of property within the Borough or any condition upon
property within the Borough that, other than infrequently, shall cause
or result in:
A.
Annoyance or discomfort to persons beyond the boundaries of
such property;
B.
Interference with the health and/or safety of persons beyond
the boundaries of that property or of persons who might reasonably
be expected to enter upon or be in that property; and/or
C.
Disturbance to or interference with the peaceful use of the
property of others within the Borough, in any case taking into consideration
the location of the use or condition and the nature and condition
of the surrounding neighborhood. Specifically, the word "nuisance"
shall include but shall not be limited to the following:
(1)
Loud playing of radios, television sets, amplifiers and other
sound devices so as to be heard beyond the premises from which the
sound emanates;
(2)
Operation of gasoline-powered lawn mowers or gasoline-powered
chain saws on any weekday before 8:00 a.m. or on any Sunday before
12:00 noon;
(3)
Operating model airplanes equipped with gasoline engines on
any public street or on any playground;
(4)
Keeping or harboring any dog or other animal or fowl which,
by frequent howling or barking or other noise or odor, annoys or disturbs
the neighborhood or a number of persons;
(5)
Maintaining or permitting the maintenance of any of the following
dangerous conditions, structures or premises;
(c)
Unfinished buildings, foundations or other structures.
(d)
Dangerous placement of materials or equipment.
(e)
Lakes, ponds or swimming pools not properly safeguarded.
(f)
Stagnant water in pools in which mosquitoes, flies or insects
multiply.
(6)
Carrying on any building or road construction, excavation or
trenching, or the operation of heavy equipment or trucks in connection
therewith, at any time on Sunday or a legal holiday or on any other
day of the year at any time between 7:00 p.m. and 7:00 a.m. without
a special permit issued by the Secretary. That special permit shall
be issued only if it is shown that the construction work must proceed
as a matter of emergency or that it can be carried on in a manner
or in such a place that the public or residents will not be annoyed
or disturbed by such construction work.
(7)
Carrying on construction work in such a manner that dirt is
carried by wind onto adjacent properties or that mud is tracked or
drained into streets adjacent to the project.
(8)
Washing, tracking or otherwise depositing dirt, mud, soil, stone
or debris upon or onto the pavement of any street without removing
the material before 5:00 p.m. of the day on which the material was
deposited.
(9)
Using any property or operating any business or other activity
so as to permit or cause smoke, soot, cinders, fly ash, dust, mud,
dirt, acid, noxious or offensive fumes, gases or odors to be carried
off the premises or to cause any water to become polluted by sewage,
industrial wastes, acid or other substance or to cause a glare from
lights or noise of such character as to cause annoyance to residents
or interfere with the normal use of adjacent properties.
(10)
Creation or maintenance of "attractive nuisances," which is
the leaving of a dangerous instrumentality which by its character
is dangerous and attractive to children and in a place frequented
by children.
It shall be unlawful for any person to create, continue, cause,
maintain or permit to exist any nuisance at any place within the Borough.
Any person who creates, continues, causes, maintains or permits to exist any nuisance at any place within the Borough shall, within 10 days after notice from Council to do so, remove or abate that nuisance. If any person fails, neglects or refuses to remove or abate the nuisance within that time limit, Council shall have authority, in person or by its agents and/or employees, to remove or abate the nuisance and, in so doing, shall have the authority to enter upon the property of the person in default. Thereon, Council shall collect the cost and expense of abatement or removal from the person who created, continued, caused or maintained the nuisance and/or permitted the nuisance to exist, with an additional amount of 10%, in the manner provided for the collection of municipal claims or by an action in assumpsit, provided that cost and expense may be in addition to any penalty imposed under §
311-4.
[Amended 1-10-1989 by Ord. No. 2-1989]
Any person who violates any provision of this chapter shall be guilty of an offense and, for every such offense, upon conviction, shall be sentenced to pay a fine of not less than $100 or more than $600 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day's continuance of the maintenance of any nuisance after the expiration of the 10 days following the issuance of the notice referred to in §
311-3 of this chapter shall constitute a separate offense.
This chapter shall not be construed to be the sole means for
abatement of nuisance within the Borough, and nothing shall preclude
any person from proceeding individually or with other injured persons
to effect the abatement of a private nuisance. Furthermore, in the
exercise of the powers conferred in this chapter, the Borough may
institute proceedings in equity.